Can a Minor get Workers’ Compensation in Florida?
Florida state laws allow employers to hire minors (at least 14 years) for low-risk jobs. However, the employer must follow very strict education and labor guidelines including those posed by the Federal Fair Labor Standards Act and the Florida state law. That means that minors can be considered part of a workforce.
If the employer puts the worker in the harm’s way and he or she suffers an injury while on official duty, the worker’ compensation laws will be in favor of the employee (minor). Walter Benenati, a personal injury attorney, believes that you or your loved one (a minor) was injured at work, you should consult with an experienced attorney to get a fair worker’ compensation.
Age doesn’t affect your eligibility for the workers’ compensation benefits. In case your employer wants you to believe that you aren’t eligible for the claim just because you are minor, it’s the time to consult with a lawyer who specializes in personal injury law.
In Florida, the law requires all employers with at least four employees to have workers’ compensation insurance policy. However, in the construction industry, this requirement falls into just a single employee. Remember, only the employees are eligible for this compensation regardless of age. These employees include;
- A person on a work-release
- An alien
- Contract employees
- A minor
- Part-time or full-time employees
There are circumstances when an individual will not be eligible for the workers’ compensation benefits. These circumstances include;
- Volunteer workers
- Freelance workers
- Professional athletes
- Casual laborers particularly those hired for jobs that last for less than ten days
- Nannies or domestic workers in private residences
- Independent workers
Determining whether or not you are eligible for the workers’ compensation benefits isn’t your employer’s responsibility. Instead of asking your employer, get in touch with an attorney with in-depth knowledge regarding these issues for legal help.
Your injury must arise out of your job-related duties
Florida state law clearly states that for you to qualify for the workers’ compensation benefits, your injuries must have occurred while executing your work-related duties. If you were injured while working in your garden or handling other tasks in your home, then, you can’t pursue a workers’ compensation benefits.
Besides, you must you should notify your employer about the accident within 30 days. Indicate what happened, when, and the date you sought medical attention. Failure to report your injuries within this period means that your employer will not be liable for covering your damages and you will have lost your chance to get compensated for the damages.
Note that you are entitled to the same benefits as an adult filing for the workers’ compensation benefits. These benefits include lost wages, medical care expenses, and disability benefits in case you sustained permanent injuries. In a situation where you are unable to return to work immediately, then, you will be entitled to a lump sum payment instead of weekly payments. Additionally, you may receive permanent disability benefits depending on the work restrictions after the crash and your work history.